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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
trusts; estates; policies; procedures
Purpose
Modifies various terms that are used when dealing with trusts, estates and protective proceedings.
Background
Title 14 of the Arizona Revised Statutes governs trusts, estates and protective proceedings, providing a legal framework for the administration of decedents' estates, probate processes, wills, intestate succession, trusts, guardianships, conservatorships and fiduciary responsibilities. It includes provisions for managing estates of deceased or incapacitated persons, creating and enforcing trusts, addressing non-probate transfers and managing the rights and property of minors or individuals with a disability. Statute also sets rules for the conduct of fiduciaries, the use of powers of attorney, adult guardianships and access to digital assets (A.R.S. Title 14).
Personal representative includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status, except that a general personal representative excludes a special administrator (A.R.S. ยง 14-1201).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the definition of a will to mean a codicil or testamentary instrument that merely appoints a personal representative, rather than a guardian, and that nominates a guardian or conservator, or both, rather than just a guardian.
2. Replaces the term executor with personal representative.
3. Replaces the term judge with judicial officer.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
JUD 2/12/25 DP 9-0-0-0
3rd Read 2/27/25 56-0-4
Prepared by Senate Research
March 17, 2025
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